San Ysidro tries to limit testimony

Lawyers for the San Ysidro School District filed several motions last week in an $18 million lawsuit over solar installations, attempting to exclude any mention of cash handoffs, burning of district records or criminal charges against officials.

Daniel Shinoff, the attorney defending the South County district in a dispute with EcoBusiness Alliance, asked a judge to bar from the upcoming trial references to former Superintendent Manuel Paul’s admission that he accepted $2,500 in cash from a contractor looking to secure business.

Paul has said the money was for political signs, and the motions also ask the judge to omit references to amended campaign disclosure forms filed by trustees after Paul testified that’s what the money was for.

The district argues that its former superintendent is not involved in the lawsuit.

“First, this is a breach of contract action between the San Ysidro School District and EcoBusiness Alliance,” one motion states. “Manuel Paul is not a party.”

The documents also ask the judge to exclude witnesses and references to an FBI investigation into district business practices and an FBI probe into the burning and shredding of documents on district property in July.

The motions have yet to be ruled on by the judge hearing the suit, in which EcoBusiness Alliance is objecting to the 2012 cancellation of its $18 million contract to install solar power systems at district campuses.

The company is attempting to prove that the contract was canceled in part because officials maintain a “pay to play” culture that awards contracts to vendors who contribute gifts or cash to top district officials. The district rejected that claim, saying the deal fizzled because the company did not act on the agreement.

The attorney representing EcoBusiness Alliance called the motions a ploy and a waste of public funds.

The lawsuit is unrelated to criminal charges filed against Paul and Trustee Yolanda Hernandez, who were among 15 South County educators indicted by the grand jury a year ago on corruption charges. The DA is attempting to prove a pay-to-play atmosphere regarding school construction contracts in South County, at San Ysidro and two other districts.

Hernandez has pleaded guilty to one misdemeanor charge of filing a false form. Paul has pleaded not guilty to six remaining corruption charges.

The criminal case is scheduled for trial in 2014. The civil suit is expected to go to trial early next year.